Online Dispute Resolution and the Proposal for a Common European Sales Law -Towards a „Blue Button plus“?-
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Taken together, the CESL and the ADR/ODR proposal could have a major impact on the future development of e-commerce in the European Union. Both proposals could complement each other: The CESL could provide a set of uniform substantive provisions which serve as a basis for deciding consumer disputes through the planned ODR platform. And the availability of a fair and cost efficient non-litigious redress mechanism via the ODR platform could enhance consumer confidence buying their goods under the CESL. In practice, the “blue button”, which has been proposed by Hans Schulte-Nölke as a European quality label for a fair consumer contract law,37) could be complemented by a signet (for example the Scales of Justice) indicating that the sellers adheres to an ODR scheme registered at the European ODR platform. Such a “Blue button plus” could become a trustmark for both a fair contract law and a fair redress system.
Abstract
Taken together, the CESL and the ADR/ODR proposal could have a major impact on the future development of e-commerce in the European Union. Both proposals could complement each other: The CESL could provide a set of uniform substantive provisions which serve as a basis for deciding consumer disputes through the planned ODR platform. And the availability of a fair and cost efficient non-litigious redress mechanism via the ODR platform could enhance consumer confidence buying their goods under the CESL. In practice, the “blue button”, which has been proposed by Hans Schulte-Nölke as a European quality label for a fair consumer contract law,37) could be complemented by a signet (for example the Scales of Justice) indicating that the sellers adheres to an ODR scheme registered at the European ODR platform. Such a “Blue button plus” could become a trustmark for both a fair contract law and a fair redress system.
참고문헌 (7)
- "Consumer market study on the functioning of e-commerce and Internet marketing and selling techniques in the retail of goods" (2011)[URL]
- T. Pfeiffer, "See the critical analysis, In Gemeinsames Europäisches Kaufrecht für die EU", pp.35~42 (2012), Beck
- C. Hodges, "Consumer ADR in Europe" (2012), Hart
- Vgl. U. Di Fabio, "Technikrecht-Entwicklung und kritische Analyse, In Techniksteuerung und Recht", pp.9~15 (2000), Heymanns
- See L. Lessig, "Code and other laws of cyberspace" (1999), New York
- "ICANN Ombudsmann-ODR Standards of Practice"[URL]
- See H. Schulte-Nölke, "EC Law on the Formation of Contract-from the Common Frame of Reference to the ‘Blue Button", European Review of Contract Law (ERCL), pp.332~ (2007)